DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-6 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Hayashi (US Patent 4,700,547). Hayashi teaches a method for instantly killing and cooling fish, and an apparatus for carrying out this method.
Regarding claim 1, Hayashi teaches a method for quickly killing an object to be quickly killed, comprising: a first step of immersing an object to be quickly killed into ice slurry in a rapid cooling hopper 1 at a first temperature and cooling thereof; see column 3, lines 51-64, see also figure 2, see column 3, lines 39-44, the outer surface of the fish is frozen. The composition of ice is basically frozxen water, however, the rapid cooling tank in Hayashi while citing in para 23 (23) The rapid cooling fluid may consist of an aqueous solution of one or a mixture of fluids harles to the human body such as propylene glycol, ethylene glycol, calcium chloride, sodium chloride and the like. In para 32 and 44 (32) by operating the circulation pump 22, the rapid cooling fluid in the cold tub 6 is transferred to the rapid cooling hopper1, and then circulated from the rapid cooling hopper 1 through the rapid cooling tank 2 and separator to the cold tub 6 so that live fish are transferred to the rapid cooling tank 2 while frozen fish are transferred from the rapid cooling tank 2 to the separator 17 And para 44 recites The cold tub 6 is filled with ice which is a cooling means for cooling the rapid cooling fluid to a predetermined temperature, and the rapid cooling fluid is cooled during passage through the ice.
a second step of continuing immersion of the object to be quickly killed in the ice slurry rapid cooling tank 2 for a predetermined immersion time for bringing at least a center part of the object to be quickly killed to a second temperature, Hayashi mentions the cooling causes the whole fish to be froze, thus the center part of the object is at a different temperature, which is below a lower limit of a habitable temperature, while keeping the at least the center part of the object to be quickly killed in a refrigerated state; the fish can be stored at this state and
a third step of pulling the object to be quickly killed out of the ice slurry along with
passage of the immersion time. See column 4, lines 54-57, the fish are separated 17 and placed in a cold storage tank 3. See figure 2.
Regarding claim 2, teaches The method for quickly killing an object to be quickly killed wherein the immersion time is a predetermined time determined in accordance with the object to be quickly killed. The pressurized water entering the rapid cooling hopper 1 is predetermined and also causes the fish to remain in the slurry for a predetermined time, which can be varied depending on the flow of water to the rapid cooling tank 1.
Regarding claim 3, the method, further comprising: 20 a fourth step of refrigerating the object to be quickly killed, which has been pulled out of the ice slurry, in a refrigeration system at a third temperature. Cooling means 7 and 8 allow the fish to be stored in a final refrigerated state while positioned in low temperature maintenance tank 3
Regarding claim 4, teaches A quick-kill device for an object to be quickly killed, comprising: cooling an object to be quickly killed with ice slurry at a first temperature in a rapid cooling hopper 1; and bringing a temperature of the object to be quickly killed to a second temperature while located in rapid tank 2, the fish exterior surface is frozen which at this point the fish is not living, which is below a lower limit of a temperature at which the object to be quickly killed can live, while keeping at least a center part of the object to be quickly killed in a refrigerated state , the center part of fish would inherently be in a refrigerated state. See additional discussion of claims 1 and 5.
Regarding claim 5, teaches a quick-kill system for an object to be quickly killed, comprising: a quick-kill device cooling an object to be quickly killed with ice slurry at a first temperature in a rapid cooling hopper 1, and bringing a temperature of the object to be quickly killed to a second temperature while in rapid cooling tank 2, the fish exterior surface is now frozen, which is below a lower limit of a habitable temperature, while keeping at least a center part of the object to be quickly killed in a refrigerated state.
Regarding claim 6, teaches the quick-kill system for an object to be quickly killed according to claim 5, further comprising: a transport part **transporting the object to be quickly killed, wherein the transport part immerses the object to be quickly killed into the quick-kill device while transporting the object to be quickly killed **as seen in figure 2, the fish leave the rapid cooling tank via an outlet 13 and travel via a series of tubes 4, 18, and thru a series of valves 19, and, when a predetermined immersion time for bringing the temperature of the object to be quickly killed to the second temperature tank 2 causes the fish exterior surface to be frozen has passed, pulls out the object to be quickly killed, separator 17 removes the fish and the fish are placed in a low temperature maintenance tank 3..
Regarding claim 7, Hayashi teaches a fourth step of refrigerating when the fish are placed in a cold tub 6, see figure 1.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD T. PRICE JR whose telephone number is (571)272-6892. The examiner can normally be reached Monday-Friday 7AM-3:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter M. Poon can be reached at 571-272-6891. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RICHARD T PRICE JR/Primary Examiner, Art Unit 3643